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TUP2019-00010
APPROVED TUP2O19 - 00010 HAND S BERRY STAND NOTICE OF TYPE I DECISION TEMPORARY USE PERMIT TUP2019-00010 0.1 HANDS BERRY STAND TIGARD SECTION I. APPLICATION SUMMARY FILE NAME: HANDS BERRY STAND CASE NO.: Temporary Use Permit(TUP) TUP2019-00010 PROPOSAL: The applicant proposes a temporary stand associated with the the sale of fresh fruits and berries to operate from June 1, 2019 to June 30, 2019. The stand will be located at the Tigard Grange property (13770 SW Pacific Highway), on the southwest corner of the site. APPLICANT: Hands Berry Stand OWNER: Tigard Grange No. 148 Attn: Cindy Hand Attn:Mark Schnetzky 139 S. 11th Ave PO Box 230252 Cornelius,OR 97113 Tigard,OR 97281 ZONING: C-G: General Commercial zone.The C-G zone is designed to accommodate a full range of retail, office, and civic uses with a citywide and even regional trade area. Except where nonconforming,residential uses are limited to mixed- use developments. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities,heliports,medical centers,major event entertainment,and gasoline stations, are allowed conditionally. LOCATION: 13770 SW Pacific Highway (Tigard Grange) WCTM 2S103DD,Tax Lot 00600 APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.440 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request for a Temporary Use Permit, subject to a condition of approval. The findings and conclusions on which the decision is based are noted in Section IV. CONDITION OF APPROVAL PRIOR TO OCCUPANCY THE FOLLOWING CONDITION MUST BE SATISFIED: 1. No advertising or display of products is allowed to be located in,or project into,the right-of-way or the clear vision area of each driveway access (a clear vision area is a triangle whose base extends 30 TUP2019-00010 HANDS BERRY STAND PAGE 1 OF 4 feet along the street right-of-way line in both directions from the centerline of the accessway and 30 feet back from the property line). THIS APPROVAL IS VALID JUNE 1,2019 THROUGH JUNE 30,2019 SECTION III. BACKGROUND INFORMATION Site Information: The subject site is a 0.92-acre lot located at 13770 SW Pacific Highway.The property is currently occupied by a fraternal club,known as the Tigard Grange. The site consists of one building surrounded by a large grassy area. There is a circular access drive around the single building, with peripheral and unmarked parking. In addition, there are two existing access points that connect the site directly to SW Pacific Highway. The site is zoned C-G (General Commercial), as are properties to the northeast and southwest that contain a variety of commercial land uses. Properties to the south are zoned R-12 (Medium-Density Residential) and developed with single and multi-family housing; properties to the west are zoned R-3.5 (Low-Density Residential) and developed with single family homes.The site is located within the Historic Resources (HR) overlay,and no on-site exterior alterations,demolitions,or permanent constructions are proposed with this application. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.440 Temporary Uses: 18.440.030 Types of Temporary Uses A. Seasonal or special event. This type of temporary use is a use that by its nature will last less than one year. Examples of this type of use are those associated with the sale of goods for a specific holiday, activity, or celebration,uses associated with construction,or seasonal use.This type of use does not apply to businesses seeking a temporary or interim location.These types of temporary uses include: 2. Use associated with the sale of fresh fruits,produce, and flowers,including seasonal markets by a chartered public service or non-profit organization that may offer additional products and services as provided in the organization's "market rules and policies" such as landscaping plants, prepared food, animal products, and art or handcrafts assembled by the vendor; The applicant proposes a temporary stand associated with the the sale of fresh fruits and berries to operate from June 1, 2019 to June 30, 2019. The stand will be located at the Tigard Grange property (13770 SW Pacific Highway), on the southwest corner of the site. As stated by the applicant, the only products to be sold will be fruits and berries. This Temporary Use Permit is being processed through a Type I procedure. TUP2019-00010 HANDS BERRY STAND PAGE 2 OF 4 18.440.050 Approval Criteria A. Seasonal and special events. The approval authority will approve or approve with conditions seasonal and special events when all of the following are met: 1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive days, except as provided in Paragraph 18.440.050.A.6; The temporary use is proposed to occur only once in this calendar year, between June 1, 2019 and June 30,2019. This criterion is met. 2. The use is allowed in the applicable base zone; The subject site is located in the General Commercial (C-G) zone, in which sales-oriented retail is an allowed use. The subject site is also located within the Historic Resources (HR) overlay. No on-site exterior alterations, demolitions, or permanent constructions are proposed with this application, therefore no additional land use is required according to CDC 18.750.020.B.This criterion is met. 3. The applicant has proof of the property owner's permission to place the use on the property; This Temporary Use Permit application was accompanied by the Tigard Grange Hall Rental Agreement, which was signed by the Grange Rental Manager on May 29,2019. This criterion is met. 4. There will be no parking utilized by the customers and employees of the temporary use that is required to meet the minimum parking requirements for the other uses on the property, as required by Chapter 18.410, Off-Street Parking and Loading. There will be no parking utilized by the customers and employees of the temporary use which is needed by the property owner to meet the minimum parking requirement because the location has enough parking for 40 parking stalls, 34 of which are required parking stalls. Table 18.410.3 states that the minimum parking requirement for a Social/Fraternal Clubs/Lodges use is 10.0 parking spaces/1,000 square feet of the main assembly area. Washington County records show that the Tigard Grange main assembly area is 3,360 square feet, and therefore the parking minimum requirement is 34 spaces. A previous land use approval (TUP2010-00003) established that there was enough parking at the Tigard Grange for 40 cars. The applicant proposes to use approximately 4 parking stalls,which will not reduce the availability of the 34 required spaces.This criterion is met. 5. The use will provide adequate vision clearance, as required by Chapter 18.930, Vision Clearance Areas, and shall not obstruct pedestrian access on public rights-of-way; and The applicant's site plan demonstrates that the vision clearance triangle would not be altered by the location of the stand because the stand is not proposed to be located within any of the vision clearance triangles. Accordingly, this temporary use will not obstruct pedestrian access. The applicant has applied for, and received, a temporary sign permit (SGN2019-00043) for one temporary A-frame sign that will not be located within the vision clearance triangle. In order to ensure that directional signs or other objects associated with the market do not violate vison clearance standards, a condition of approval has been added that requires the applicant to maintain clear vision areas.As conditioned,this criterion is met. 6. Seasonal markets are permitted in the C-G and MU-CBD zones and may operate from April through October. The applicant shall provide "market rules and policies" for city approval, which are consistent with the seasonal market use description in 18.440.030.A.2 and will be observed for the duration of the permit. Market rules and policies shall include hours of TUP2019-00010 HANDS BERRY STAND PAGE 3 OF 4 operation, location, product guidelines, vendor obligations, vehicle loading or unloading, and any other applicable policies guiding the operation of the market. The proposed use does not meet the definition of a seasonal market,as outlined in CDC 18.440.030.A.2. Therefore,this criterion does not apply. FINDING: According to the analysis above,the proposed temporary use meets the applicable approval criteria or can be expected to meet them through a condition of approval. To ensure consistency with these standards and the practices of the City, a condition of approval will be imposed with respect to signs and vision clearance. The condition is included in Section II of this decision SECTION VII. PROCEDURE AND APPEAL INFORMATION Final Decision: A Temporary Use Permit is a Type I procedure. As such,the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON MAY 30TH, 2019 AND BECOMES EFFECTIVE ON MAY 31ST, 2019 Questions: If you have any questions,please contact Samuel Copelan at (503) 718-2450 or SamuelCa,tigard-or.gov. ItlytvAtt May 30`'',2019 APPROVED BY: Samuel Copelan Assistant Planner TUP2019-00010 HANDS BERRY STAND PAGE 4 OF 4 j` EV I S E-IP st rE PIAN, MAY 2 9 2019 11 t6fioN/i 2"-G N) i,ACEti6_Vi 4 E5 �6. v° CITY OF TIGARD 1 _ PLANNING/ENC. INEERING 4 I i , . C ) ui 1I N i I 1 q I v ' - <C i--- ..- .45'...*N\ -.. _ - _ the V - . Wig T .R tf - , V ) V'' -'i e. x ,V I1 i. �� ( • c F 'TI ARD App ro by Plannir)g Date:k 4 s---)0-11 In Initi4ls: 5C-- 1 i } RECEI ED MAY 292019 CITY OF TI ARD PLANNING/EN INEERING I: d' 4 i : . . F.: 3 (-----) ..._ ...... , , ,s i } . , , ,, , . ., , t, 1t. . , i . _ , 1 , . , , 7., . , 1 0 c .,,, L,.......,, I { $ .i ......... , .. .,,-, . . • , r . ,, � t f 1 I I; i , ,,, , 13 E Ni<2 if L- s . , , . , , I ,,I . . , , i, 1 I; . . , 1 , , , j CITE'' OF T IGARb { Approved by Planning OAU'13 Date: SC- Initials: C-Initials: S 01-11 CONDITION COMPLIANCE ECEIVEDrVrn0YM3Pija'n, Ma Title g Beavertail _ MAY 29 2019 Tigard ' ` ` . ; City of Tigard, OregqITY OF TIGARD • ' :.. NNING//ENGINEERING i, Triaiazrt?1 ,, ,, ',.: th rL( may+ y , " � G%-i(/i466l 1 // acc tG�� ,, rf. //7 '//2? X7'0 / 4\--,,,, ... 13 770 (2-‘4 ,‘Z‘ Z---417/i • '. � . y , 'wf #4- Y .. Y 1'Ita�4t� a Total 42.56 ft approvedCIT ®F by PlannRing „ , i„�ilidate: -3 -19 TO'81. 30.15 ft I �' Initials: _ S ,--- / 4', makes no warranty repreSentation.or guarantee aS.the content accuracy trmeliness or completeness of anyit: . - 1 .. - ........,.„.0._ f -• 7-.:.,,,. _... Scale: 0.07 Miles a 01111 it City of Tigard '381 13125 SW Hall Blvd ,IN.-'` Tigard, OR 97223 ;- Map Created: (503) 639-4171 v 05/29/2019 www.tigard-or.gov TIC AI'12 APPLICANT MATERIALS RECEIVED City of Tigard 111 MAY 2 9 2019 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD Temporary Use TIGARD Type I AppliCatioNNING/ENGINEERING PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL Temporary use approval to allow: :</ti: S ,4/ �Z.. /� ELEMENTS P/7-4( /7"- 4". /9 ,4 i — Ea Owner's signature/ Property address/location(s): /37M.„S'/'/ /'/AX- J writt authorization n � [ Two(2) copies of the site/plot 7764,e01 (Q g plan indicating: Tax map and tax lot #(s): I. Location of the Temporary Use 2. Lot size 3. Square footage and location of existing buildings Site size: / 4. Current uses of existing buildings �j Start date: _ / / / v ` f End date: (o /_ /Q/9' 5. Number of existing parking spaces 6. Square footage of any space to be Please check one: used as additional parking F14 Season/special event 7. Driveway locations ❑ Unforeseen/emergency situation Site/plot plan(reduced to 8.5"x111/2") [/Applicant's statement address criteria: ❑ Temporary sales office/model homes •.44�(.050(2 copies) ❑ Temporary use in commercial and industrial zone 1►. Filing fee(unless exempt) APPLICANT* FOR STAFF LSF ONLY // Business name: /A/D$, s�i Cse No.: Tu ll tG'00��0 Address: /3 q //70"ft / 0�0y // Related Case No.(s): ,� I3 City/state: g-� � � 50/2 Zip: C' //---� XI T,00 Fee: OrJ,00 Contact name: 1,1/1",_ ig I t-/C 4 � y� Application accepted: �+ Ph#:33�J(>a 2 Email: i A ', /' By: Date: Application determined complete: PROPERTY OWNER/DEEDS HOLDER(S)* (Attach list if more than one) By: Date: --JU 4( Name: �(f/, ,[,. al,-1 7(/6 ,- 04? 1\Community Development\Land Use Applications\02_Forms and Y "'�V Templates\Land Use Applications Rev.12/14/2017 Address: /3M S i4/At ir� i /fr l City/state:, e2� Zip: /��/ g1 �^ p Contact name / G 17— l Ph#3�C%'�J—01)--76/9'e &-Arloole Com * When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2 RECEIVED APPLICANTS MAY 2 9 2019 To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL blpplpfcTARD as described on the front of this application in the"Required Submittal Elements"MANNING/ENGINEERING (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application. SIGN S TURES of each ow er of th ubject property required. PC-trilog, AO. c?' ,. lc. -is signature Print name D:to /1)//Wie Pi-4t,/‘7--z4-K O; fr s signature 9 Print name D.to Owner's signature Print name Date Owner's signature Print name Date TEMPORARY USE—TYPE I APPLICATION (TUP) City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 RECEIVED MAY 292019 CITY OF TIGARD PLANNING/ENGINEERING 18.440.040 Approval Process A. Approval process. An application for a temporary use is processed through a Type I procedure, as provided in Section 18.710.050,using the approval criteria for the specific temporary use provided in Section 18.440.050. B. Approval period. An approval for a temporary use is valid for a period of 1 year unless otherwise stipulated by the approval. C. Expiration.An approval for the temporary use will expire if: 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period;and 2. Construction or activity on the site is a departure from the approved plan. (Ord. 18-28 §1; Ord. 18-23 §2;Ord. 17-22§2) 18.440.050 Approval Criteria A. Seasonal and special events.The approval authority will approve or approve with conditions seasonal and special events when all of the following are met: 1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive days, except as provided in Paragraph 18.440.050.A.6; ' •—/- ('j _— Lp —30 —pie)/ 9 2. The use is allowed in the applicable base zone;--LIES 3. The appl i cant has proof of the property owner's pe/rmi ssi on to place the use on the property;—t5 4. There will be no parking utilized by the customers and employees of the temporary use that is required to meet the minimum parking requirements for the other uses on the property, as required by Chapter 18.410,Off-Street Parking and Loading;-- e., r)1 aD/( 5. The use will provide adequate vision clearance, as required by Chapter 18.930,Vision Clearance Areas,and not obstruct pedestrian access on public rights-of-way;and i Jt 6. Seasonal markets are allowed in the C-G and MU-CBD zones and may operate from April through October.The appl i cant must provide"market rules and pd i d es' for city approval,which are consistent with the seasonal market use description in Paragraph 18.440.030.A.2 and will be observed for the duration of the permit. Market rules and policies must include hours of operation, location,product guidelines,vendor obligations,vehicle loading or unloading,and any other applicable policies guiding the operation of the market. The city may also consider the following criteria: 90 a. Provide documentation demonstrating adequate and safe ingress and egress exist when combined with the other uses of the property, in compliance with Chapter 18.920, Access, Egress,and Circulation; b. Provide documentation demonstrating the use will not create a traffic hazard, including coordination with ODOT if applicable; vei- Temporary Uses 18.440-3 Code Update:12/18 c. Provide documentation that the use will not create adverse off-site impacts related to noise, odors, vibrations, glare, or lights that would be greater than otherwise allowed by uses allowed in the base zone;and d. Signs are allowed as provided in Chapter 18.435, Signs; however, temporary signs may be approved for a period of time to correspond with the duration of the seasonal market use. B. Unforeseen or emergency situations. The approval authority will approve or approve with conditions unforeseen or emergency situations when all of the following are met: 1. The need for the use is the direct result of a casualty loss such as fire,wind storm,flood,or other severe damage by the elements to a pre-existing structure or facility previously occupied by the applicant on the premises for which the permit is sought;or 2. The use of a mobile or manufactured home on a lot with an existing dwelling unit is necessary to provide adequate and immediate health care for a relative who needs close attention who would otherwise be required to receive needed attention from a hospital or care facility;or 3. The applicant has been evicted within 60 days of the date of the application from a pre-existing occupancy of the premises for which the permit is sought as a result of condemnation proceedings by a public authority,or eviction by abatement of nuisance proceedings,or by determination of a public body or court having jurisdiction that the continued occupancy of the facilities previously occupied constitutes a nuisance or is unsafe for continued use;or 4. There has been a loss of leasehold occupancy rights by the applicant due to unforeseeable circumstances or other hardship beyond the foresight and control of the applicant;and 5. There exists adequate and safe ingress and egress when combined with the other uses of the property, as required by Chapter 18.920, Access, Egress and Circulation, and Chapter 18.930, Vision Clearance Areas;and 6. There exists adequate parking for the customers of the temporary use as required by Chapter 18.410,Off-Street Parking and Loading;and 7. The use will not result in congestion on adjacent streets;and 8. The use will pose no hazard to pedestrians in the area of the use;and 9. The use will not create adverse off-site impacts including noise,odors,vibrations,glare,or lights that will affect adjoining uses in a manner that other uses allowed in the base zone would not affect adjoining uses;and 10. The use can be adequately served by sewer or septic system and water,if applicable. C. Temporary sales office or model home. The approval authority will approve or approve with conditions a temporary sales office or model home when all of the following are met: 1. Temporary sales office. a. The temporary sales office must be located within the boundaries of the subdivision or property in which the real property is to be sold;and Temporary Uses 18.440-4 Code Update:12/18 RECEIVED MAY 292019 b. Sales offices approved through the provision of this chapter may not be permanent. PLAN CITY OF TIGARD NGINE RING 2. Model home. a. The model home must be located within the boundaries of the subdivision or property where the real property to be sold is situated;and b. The property to be used for a model house must be a permanently designed dwelling structure. D. Temporary use in commercial and industrial zones. The approval authority will approve or approve with conditions a temporary trailer or prefabricated building when all of the following are met: 1. The temporary trailer must be located within the boundaries of the property on which it is located; 2. The property to be used for a temporary trailer must already be developed; 3. There exists adequate and safe ingress and egress when combined with the other uses of the property; as required by Chapter 18.920, Access, Egress, and Circulation, and Chapter 18.930, Vision Clearance Areas; 4. There exists adequate parking for the customers or users of the temporary use as required by Chapter 18.410,Off-Street Parking and Loading; 5. The use will not result in congestion on adjacent streets; 6. The use will pose no hazard to pedestrians in the area of the use; 7. The use will not create adverse off-site impacts including noise,odors,vibrations,glare,or lights that will affect the adjoining uses in a manner that other uses allowed in the base zone would not affect the adjoining uses; 8. The use can be adequately served by sewer or septic system and water,if applicable;and 9. The length of time that the temporary building will be used is the maximum needed to address the hardship.(Ord. 18-23 §2;Ord. 17-22 §2)■ Temporary Uses 18.440-5 Code Update: 12/18 RECEIVED r ' MAY 292019 CITY OF TIGARD Tigard Grange Hall Rental Agreement— Long Term Use PLANNING/ENGINEERING This rertairagreement is sintered into'between Grange'l'.kx l48 (hereiiafterreferred'togas "the• ■■ Grange") and (hereinafter referred to as "the renter"). This agreement covers the following dates(s), time(s) and space(s)which are reserved by the renter: • The entire facility from am/pm to am/pm on the following dates: • Non-exclusive use of the parking lot for the entire event. There will be a $20.00 per quarter hour, or any part thereof, non-refundable service fee for access past the agreed upon time. 1. SERVICES PROVIDED. The Grange will make the hall, located at 13770 SW Pacific Highway in Tigard, Oregon, available on the agreed date(s) and time(s) and will furnish heat, light, water, general cleaning services, bathroom facilities, and, if kitchen space is specified in the reservation space above, kitchen paper towels. .i/8-76 tit P YMENTS REQUIRED. The renter will make the following payments by the 1st of the month the use will take place: • /1) $1\1-6 per da used, payable monthly prior to the first of the month for which the rent is due. If any payment due is not paid prior to the first of the month, the greater of either a $10 late fee or 10% of the unpaid amount, shall be payable in addition to the rent. $300.00 security deposit to be left on the renter's account until the expiration of the rental period. If any money is used from the security deposit during the rental period, the renter will be expected to bring the balance back up to the original amount. Payable to: Tigard Grange No. 148 Remitted to: Tigard Grange No. 148 PO Box 230252 Tigard, OR 97281 Tigard Grange Hall Rental Agreement—Paae 1 of 6 3. PURPOSE. The Grange hall shall be used by the renter solely for the purpose of: and the renter shall not use, or allow use, of the Grange hall or its_premises_for any other . . purpose or in violation of any law, ordinance or governmental regulation, or for any purpose that is in any manner hazardous to the Grange hall or unsafe to any person. 4. ALCOHOL PROHIBITED. There shall be no use of alcoholic beverages in the Grange hall, or on the premises. If any evidence of alcohol consumption is found by the Grange, the entire security deposit shall be forfeited by the renter. 5. SMOKING PROHIBITED. There shall be no smoking within the hall. If any evidence of smoking is found by the Grange, the entire security deposit shall be forfeited by the renter. 6. FOOD AND BEVERAGES. There shall be no food orhevera es of any kind _ allowed on the upper floor of the Grange hall. The renter agrees to dispose of any garbage generated by its use in the dining area. Such disposal shall be in the following manner: Garbage and/or trash shall be deposited in one of the two 33 allon arbage containers (not the roll cart) provided by the Grange or entirely removed from the hall. Recyclable containers, whether plastic or metal, shall be deposited in the container marked for such containers. If evidence of the presence of food and/or beverages is found on the upper floor of the Grange, including the stage area, the entire security deposit shall be forfeited by the renter. 7. RENTER'S EXAMINATION OF PREMISES. The renter acknowledges that the renter has examined the Grange hall and its entire premises and is satisfied with the condition thereof and relies completely upon such examination, and not upon representations or promises of the Grange, or any other person, in renting the hall. 8. MAINTENANCE OF ORDER. The renter shall maintain order during its occupancy of the premises throughout the rental period end shell not engage in, or allow others to engage in, any event or conduct in the grange hall, or its premises, which may cause harm, injury, or damage to persons or property. The renter shall limit its amplified music or noise to a maximum noise level at the Grange's property line as to be comparable to "average conversation at three feet" which is approximately equivalent to 65 dB spl. In general, after 9:00pm noise must be reduced to a level low enough so as not to disturb the residential neighbors around the Grange. Violation of this requirement may result in forfeiture of the cleaning and security deposit and/or early termination of the event in progress. Tigard Grange Hall Rental Agreement— Page 2 of 6 PERMITS. The renter shall secure from thepublic agencies 9. LICENSES AND 9 having jurisdiction any license or permit required as to any activity or purpose for which the Grange hall, or its premises, are to be used. The renter shall pay any cost or fee required for such license or permit. 10. REGISTRATION RECORD AND STEWARDSHIP. A renter registration record will be posted in the hall. The renter agrees to sign in and out on such renter registration record and will follow the posted procedures with regard to thermostat end furnace damper settings, window shade positioning, doors being open or closed and winter season toilet treatment, etc. The renter agrees not to use staples, tape, or other destructive materials on walls, windows, doors, etc. The renter agrees the doors will not be removed. The renter agrees that the piano will remain in the main room at all times in its designated place. Pictures and Grange paraphernalia will not be moved or removed. In addition, to comply with fire marshal) requirements the window shades will be left up during the renter's occupancy, to provide emergency lighting in the upstairs should the electricity go out for any reason. 11. RESPONSIBILITY FOR DAMAGE. Any physical damage to the hall or to its contents, or to the grounds, which is caused by the renter or by guests of the renter will be the responsibility of the renter. The renter agrees to cause s.jch damage to be repaired, or the property to be replaced, to the satisfaction of the Grange. Alternatively, the renter will reimburse the Grange for the reasonable cost of such repairs or replacement. The Grange is not responsible or liable for the loss of, or damage to, any equipment, supplies, or other property of the renter or of the renter's guests, while located at or in the hall, regardless of the reason for such property's being at or in the hall and without regard for the nature of the loss or damage. 12. LIABILITY INSURANCE. At all times during the occupancy of the premises by the renter, the renter will, at the renter's own expense, keep in effect liability insurance in such form, and with an insurer, satisfactory to the Grange. Such insurance shall insure the renter against all liability for damage to persons or property in, upon, or about the premises. The amount of such insurance shall be not less than $1,000,000 single limit liability, or its equivalent. As evidence, renter will provide a Certificate of Liability insurance clearly showing the location of the Grange as a location where the insurance will provide coverage for the renter's activities. 13. DAMAGE BY FIRE OR OTHER CASUALTY. In the event of destruction of, or damage to, the hall or its surrounding premises by fire or other casualty, to the extent that the property is not useable for its intended purpose, either party may terminate this agreement as of the date of the fire or other casualty. All moneys paid to the n Gr aLn . . advance by the renter will be returned to the renter, provided that the activities or negligence of the renter did not cause the fire or other casualty. Tigard Grange Hall Rental Agreement— Page 3 of 6 14. OWNER'S RIGHT OF ENTRY. Representatives of the Grange shall have the right, at any reasonable time, to enter into the hall or upon the premises, including such time as the renter may be using the hall and/or the surrounding grounds, for any purpose including, but not limited to, observation of the renter's use of the facilities and adherence to the terms of this agreement. 15. CHANGE IN RESERVATION SCHEDULE. If a scheduled event is not going to take place, and if the renter gives at least sixty days advance notice in writing to the Grange's authorized representative that the date will be released, the Grange will be free to rent the released date to another party. In such case, the renter will not be liable for the scheduled rent for that date. If said notice is given less than sixty days in advance, the Grange will be free to rent the released date to another party, but if it is not rented to another party, the renter will continue to be liable for the rent for that date. In that case, only the security deposit will be returned. 16. SUSPENSION OF RENTER'S ACCESS RIGHTS. The Grange reserves the right to deny use of the hall to the renter for any specific reservation period for any reasv i.ilf the Grange invokes this clause, the Grange will pay compensation to the renter in the amount of three times the rent that was paid for that time. In addition, if the hall is not used at all by the renter, the security deposit will be refunded in full. If the hall is used for at least some of the time that had been reserved, the return of the security deposiLwilL be determined by Section 17. 17. SECURITY DEPOSIT. The Grange may require a security deposit of any amount deemed necessary by the authorized representative of the Grange. At the end of the rental period, the renter shall return the Grange hall and its surrounding premises to the Grange in the same condition as at commencement of the rental period. So long as the renter has complied with the rental agreement, the deposit shall be returned to the renter if the hall is reasonably clean and there is no damage to Grange property. If the use of the Grange hall by the renter results in damage to the hall, or to any of its contents owned by the Grange, the renter shall be liable for the amount of such damage in accord with Section 11 of this Agreement. The Grange shall apply the security deposit toward payment for such damage. If the amount of the damage exceeds the amount of the security deposit, the renter shall pay to the Grange the amount of such excess promptly upon demand by the Grange. If the renter is found to have been in noncompliance with any of the terms of this agreement, the Grange will retain sufficient funds from the security deposit, up to its entirety, as the Grange, in its sole discretion, deems sufficient to compensate the Grange for such noncompliance. The Grange shall return to the renter all security deposit funds in excess of damage or noncompliance compensation within twenty days of the end of the rental period and the return of the access key,,if an . access key was provided. Tigard Grange Hall Rental Agreement— Page 4 of 6 18. ACCESS KEY. The Grange will provide the renter with an access key to the front door of the hall or will see that the front door is unlocked at such time as the renter has reserved. If an access key is provided, the renter agrees to securely lock all access doors prior to leaving the premises at the end of the reserved time. At the end of the rental period, the renter will promptly returnithe'accesskeyto'a designatedi i i t representative of the Grange. If an access key is provided and the renter does not return it to the Grange within 5 days after the final scheduled occupancy of the Grange hall by the renter, the renter will be liable for a lost key charge of$20. 19. USE OF GRANGE PROPERTY. Unless specifically allowed, the renter is prohibited from using any of the Grange's equipment, except for the refrigerator, the dining tables, the chairs, the seating benches in the main hall, and the one dust mop provided for renters' use and stored in the area between the men's restroom and the dance floor. 20. RESPONSIBILITY FOR CLEANING. Other terms of this agreement notwithstanding, the renter will clean the grange hall and police the surrounding grounds prior to vacating the premises, so that the appearance of the property is substantially the same upon the renter's departira as it was upon the center`s-arrival. iJrress-otherwise. - agreed, the renter will remove all trash generated by the renter's event. 21. TERMINATION FOR CAUSE. For cause, the Grange may terminate the agreement without notice and without compensation to the renter. 22. SUIT. If suit or action is commenced in connection with any controversy arising out of this agreement, the prevailing party shall be entitled to recover, in addition to Jr" as'Ye court nay adjudge as reasonable attcrreys fees. This agreement shall be interpreted in accordance with the laws of the State of Oregon. 23. HOLD HARMLESS AGREEMENT. The renter shall defend, indemnify, and hold the Grange harmless with respect to any and all claims and demands which may arise at any time out of the use of the Grange hall or its premises by the renter, its employees, agents, guests and invitees. 24. ADDITIONAL AGREEMENTS OR EXCEPTIONS. If any additional agreements are stipulated, they are added here: Tigard Grange Hall Rental Agreement— Page 5 of 6 . a a. It is agreed that the renter will provide their own security to prevent unauthorized guests from entering the building. b. It is further agreed that the rent and the security deposit will be paid by cash or check—no credit cards are accepted. c. No "bad weather" days will be recognized, nor will the renter be relieved of any rent obligation as a result of equipment malfunction not caused by the Grdnyer d. An access key has previously been provided. e. Thi agreement is 'ered into for each of the respective parties between: �' � �/ , for the Tigard Grange No. 148, and , for the renter. d/7// 9 Rental Manager Name P-te Position /a4pLa q(25//1 Nae Date Position Renter's Mailing Address: Renter's Phone Number r 5 .3-3G ' G c Phone Number Alternate Fax Renter's Email Address: f-Ct h d0 (or Grange Rental Manager: Mark Schnetzky Phone: (503)-807-7619 Email: rentals(c tigardgrange.com Alternate Contact for Grange: Jessica Cousineau Phone: (503)-317-6694 Tigard Grange Hall Rental Agreement— Page 6 of 6 0000.3 RECEIVED MAY 292019 TEMPORARY USE CITY OF TIGARD PLANNING/ENGINEERING TYPE I APPLICATION SUPPLEMENT STATEMENT OF APPLICANT There is but one building on the lot. Its location is shown on the accompanying site/plot plan. It is a frame building and has a footprint of approximately 4,000 square feet. It consists of two floors: an upper level on which is located a restroom for males and a restroom for females (neither of which are handicapped accessible), a large dance floor and a stage; and a lower level in which is located a dining hall, a kitchen, a combination game room/storage room and the furnace room. The building is used by the Grange itself for meetings of its membership and for social activities. It is rented to other members of the community with a need for large convenient space at an affordable price not available else where in the community. There is ample parking although there are no marked parking spaces. The space available for parking will accommodate up to 40 vehicles. Although the need is not anticipated, there is probable additional parking space available in two neighboring lots. One belongs to a church. The other belongs to another fraternal organization. Neither of these neighbors has been contacted because we do not contemplate a need for their space. In the unlikely event more space is needed, we anticipate their cooperation since we've enjoyed mutual cooperation in the past. There are two driveways, one on the southeast side of the Hall and one on the northeast side of the Hall. We plan to use the southeast driveway as an entrance and the northeast driveway as an exit thereby obtaining one-way traffic through the facility and facilitating parking. We have been in contact with James Nelson, Permit Supervisor for the ODOT. Mr. Nelson saw no need for us to obtain a special permit form the ODOT for operating this market so long as we have no plans for blocking motor vehicular traffic in Highway 99. Geographic Information Systems - Washington County, Oregon Page 1 of 3 RECEIVED 11.0.11.1111111111MAY 3 0 I 'agt a CITY OFTI I e 411KANNING/E � :` I oR!! Geographic Information Systems • Navigation: Washington County » GIS » Reports: A&T Report 2S103DD00600 General Information interactive maps Assessment & Taxation Report map gallery General Property Information contacts Site Address: 13770 SW PACIFIC HWY. TIGARD OR, 97223 other gis links Tax Lot ID: 2S103DD00600 Property Account ID: R478780, frequently asked questions Property Classification: 9810 - - See full list of Codes Property Search Neighborhood Code: NAC property/ taxlot Latitude/ Longitude: 45.4200105 / 122.785423 tax mapsr Ownership Information: TIGARD GRANGE NO. 148 gps latitude/ longitude PO BOX 230252 TIGARD, OR, 97281 Survey Search '2009-2010 Tax Statement: R478780.pdf Land Services 2010-2011 Tax Statement: R478780.pdf Building Services 2011-2012 Tax Statement: R478780.pdf 2012-2013 Tax Statement: R478780.pdf 2013-2014 Tax Statement: R478780.pdf = Content Restricted 2014-2015 Tax Statement: R478780.pdf 2015-2016 Tax Statement: R478780.pdf 2016-2017 Tax Statement: R478780.pdf 2017-2018 Tax Statement: R478780.pdf 2018-2019 Tax Statement: R478780.pdf Sales / Deed Information Sale Date Sale Instrument Deed Type Sale Price Assessed Values for Account R478780 Roll Date: 09/27/2018 Taxcode: 023.74 Market Land Value: $784,670 Market Bldg Value: $97,170 Special Market Value: $0 Market Total Value: $881,840 Taxable Assessed Value: $0 Legal: Lot: Lot Size: A&T Acres: 0.92 Bldg Sq Ft: 3360 Year Built: N/A Improvement Information ;Total Improvement Value: $97,170 `Plumbing Bedrooms Improvement Details http://gisims.co.washington.or.us/GIS/index.cfm?id=30&sid=3&IDValue=2S 103DD00600 5/30/2019 Geographic Information Systems - Washington County, Oregon Page 2 of 3 Description Value Square Feet MAIN AREA $97,170 3360 2019**Information Advisory** All property assessment information presented about the 2019 tax year is unedited and uncertified. 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